The Appellate Practice Section of the State Bar of Wisconsin has created an Appellate Brief Filing Checklist. The checklist was published as a link in the Appellate Practice Section’s De Novo newsletter and can be accessed here. Thanks to the Appellate Practice Section for creating this useful checklist.
Alberta Darling had a lot on her plate in the late winter of 2011. As co-chairman of the Joint Finance Committee in the Wisconsin Legislature, the 66-year-old senator from River Hills, described on her website as having “a passion for protecting, educating, and improving the lives of children,” was one of the chief stewards of Governor Scott Walker’s Budget Repair Bill, the legislation that would spark one of the fiercest protests in the history of Wisconsin, and in fact, force Senator Darling to face a recall election.
But if threats of protests and recalls and the prospect of voter dissatisfaction would not cause her to veer off course, it was not surprising that the promise and presence of $2.6 million in civil legal aid — money designated to help poor people with legal problems — was no deterrent. That the funding did not come from tax revenue but instead from a court surcharge was meaningless. That Wisconsin had been the second last state in the country to fund civil legal aid was irrelevant. The money disappeared.
Well not quite disappeared. In a twist that still rankles those who worked so hard to get that money into the budget, Senator Darling’s committee did not cut the funding from the budget, it gave the money to district attorneys.
Many years ago, I attended my first meeting as a newly-elected representative on our church’s parish council. I was enthused, energized. Then an older man, a veteran of the council, pulled me aside before the meeting started and gave me a warning. “Now you’re going to have your eyes opened, ” he said. “It’s a lot easier when you don’t know about all of the issues.” And, of course, he was right.
I had the same experience some time later when I became involved in the most pressing problem facing our legal system: the inability of poor people to afford legal representation for the important life-changing issues they face. I had been involved in pro bono from the day I was graduated from Marquette, handling divorces, landlord-tenant issues, even a capital punishment case in Texas. I enjoyed the rewarding nature of the work and appreciated the hands-on experience. The clients I represented seemed to appreciate having a lawyer.
But while I was helping individuals now and then, and feeling comfortable that I was doing some good, I was blissfully ignorant of the big picture issues and challenges that had the system in a chokehold — the lack of funding for legal service providers, the reluctance of lawyers to become involved in pro bono, the resistance of some to changes in the delivery of legal services to poor people, the lack of leadership from those in the best position to lead. My eyes were anything but open.